The body of Nathaniel Tallman, 25, of Lafayette, was found near Lusk, Wyo. He was killed by gunshot, according to Boulder County sheriff's records. (Courtesy photo)

Russell Britton (Boulder County Sheriff's Office)

Attorneys for Daniel Ortiz and Moises Mendez — two of the three men charged with murdering a Lafayette man in a drug deal gone awry — expressed skepticism Tuesday about the credibility of the third suspect, who told police about their involvement in the death.

Russell Britton, the third person charged in Nathaniel Tallman's shooting death, has told police that Ortiz and Mendez arrived on his property with the victim's body.

Lafayette police Detective Scott Robinson took the stand Tuesday in Boulder District Court during a preliminary hearing for Ortiz, 38, Mendez, 26, and Britton, 58.

Daniel Ortiz (Colorado Department of Corrections)

Mendez and Ortiz were charged with first-degree murder, robbery and aggravated motor-vehicle theft. Britton is charged with first-degree murder, being an accessory to murder, robbery, possession of marijuana with intent to distribute 5 to 100 pounds, and possession of marijuana with intent to distribute 5 to 50 pounds.

The first-degree murder charges were all filed under the felony murder rule, which allows prosecutors to charge a suspect with first-degree murder when a person is killed during the commission of another felony — even if that suspect didn't commit the murder.

Tallman's body was found March 13 alongside U.S. 85 north of Lusk, Wyo., after he went missing Jan. 21. The Lafayette man's ID and wallet were found on the scene, according to police, and an autopsy confirmed Tallman, 25, died of a gunshot wound.

Robinson testified that Britton said in an interview the day after the body was found that he was preparing to meet Tallman for a marijuana transaction at his Berthoud home at 7 p.m. Jan. 21. Britton said he heard an approaching car, came out of his garage and saw Tallman's 2014 Mitsubishi Lancer pulling in.

Robinson said Britton told investigators Ortiz had what appeared to be a body wrapped in a tarp in his truck and that Ortiz and Mendez told him to get rid of the body. Britton told police he then drove to North Dakota, to complete a previously arranged marijuana deal, and dumped the body along the way.

But Matt Connell, an attorney for Ortiz, pointed out that Britton changed his story to police several times, only admitting his involvement in the crime once Tallman's blood was found in Britton's van.

"He has a motive to fabricate the story, correct?" Connell asked Robinson on cross-examination. "He has a motivation to distance himself from the homicide, correct?"

Robinson testified that Britton knew Ortiz after working with him on tile-laying jobs, and Britton said Ortiz referred to Mendez as his "homie" and his "brother-in-law."

Britton had met Mendez in Longmont the afternoon of Tallman's disappearance, verified through surveillance footage of the black Cadillac police said Mendez was driving, from a Conoco station that captured images from the parking lot of a nearby Blockbuster Video.

Robinson said Britton told Ortiz about the details of his arrangement with Tallman and knew there would be a transaction that night.

"His theory was that Ortiz could have put two and two together," Robinson said.

But Connell said there was little evidence to back up Britton's theory, calling him a "dishonest drug dealer."

"His theory is that someone else did it. That's a nice theory for Mr. Britton to have, wouldn't you agree?" Connell said.

Mendez's attorney Nancy Salamone also characterized Britton's version of events as "highly suspect."

Robinson said he believes Britton lied during initial interviews because he was trying to avoid drug charges and because he was afraid of Mendez and Ortiz, who he said told him "dark stories" about his involvement in gangs.

"It was obvious to me based on my experience that he was afraid," Robinson testified. "He asked to be taken to jail, which tells me he was more afraid of someone than he was of getting arrested."

Britton's attorney Kristen Johnson did not have a chance to cross-examine Robinson before the hearing had to be stopped. The hearing will resume July 1, and three more witnesses in addition to Robinson are expected to testify.

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